| HR 1038 IH
108th CONGRESS
1st Session
H. R. 1038
To increase the penalties
to be imposed for a violation of fire regulations applicable to the public
lands, National Park System lands, or National Forest System lands when
the violation results in damage to public or private property, to specify
the purpose for which collected fines may be used, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. TANCREDO (for himself, Mr.
MCINNIS, Mr. UDALL of Colorado, Mr. BEAUPREZ, Mrs. MUSGRAVE, and Mr. HEFLEY)
introduced the following bill; which was referred to the Committee on Resources,
and in addition to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To increase the penalties
to be imposed for a violation of fire regulations applicable to the public
lands, National Park System lands, or National Forest System lands when
the violation results in damage to public or private property, to specify
the purpose for which collected fines may be used, and for other purposes.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as
the `Public Lands Fire Regulations Enforcement Act of 2003'.
SEC. 2. PENALTIES FOR VIOLATION
OF PUBLIC LAND FIRE REGULATIONS RESULTING IN PROPERTY DAMAGE.
(a) INCREASED PENALTIES
ON INTERIOR LANDS- Notwithstanding section 303(a) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1733(a)) or section 3 of the Act
of August 25, 1916 (16 U.S.C. 3), a violation of the rules regulating the
use of fire by visitors and other users of lands administered by the Bureau
of Land Management or National Park System lands shall be punished by a
fine of not less than $1,000 or imprisonment for not more than one year,
or both, if the violation results in damage to public or private property.
(b) INCREASED PENALTIES
ON NATIONAL FOREST SYSTEM LANDS- Notwithstanding the eleventh undesignated
paragraph under the heading `SURVEYING THE PUBLIC LANDS' of the Act of
June 4, 1897 (16 U.S.C. 551), a violation of the rules regulating the use
of fire by visitors and other users of National Forest System lands shall
be punished by a fine of not less than $1,000 or imprisonment for not more
than one year, or both, if the violation results in damage to public or
private property.
(c) RELATION TO OTHER SENTENCE
OF FINE AUTHORITY- The maximum fine amount specified in subsections (a)
and (b) applies in lieu of the fine otherwise applicable under section
3571 of title 18, United States Code.
(d) USE OF COLLECTED FINES-
Any moneys received by the United States as a result of a fine imposed
for a violation of fire rules applicable to lands administered by the Bureau
of Land Management, National Park System lands, or National Forest System
lands shall be available to the Secretary of the Interior or the Secretary
of Agriculture, as the case may be, without further appropriation and until
expended, for the following purposes:
(1) To cover the cost to
the United States of any improvement, protection, or rehabilitation work
rendered necessary by the action that resulted in the fine.
(2) To reimburse the affected
agency for the cost of the response to the action that resulted in the
fine, including investigations, damage assessments, and legal actions.
(3) To increase public awareness
of rules, regulations, and other requirements regarding the use of fire
on public lands.
END
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